The historical background of the Indian Constitution

The historical background of the Indian Constitution is a journey that spans several centuries, shaped by various regulations and acts before Indian Independence. The evolution of the Indian Constitution can be traced through key legislative developments that laid the foundation for the constitutional framework we have today. Let's explore the historical background in chronological order:

Regulating Act of 1773

First step by the British Parliament to control the East India Company's affairs.
Designated the Governor of Bengal as the Governor-General.
Established the Executive Council of the Governor-General.
Prohibited company servants from engaging in private trade or accepting bribes.
Established the Supreme Court at Fort William.

Pitt’s India Act of 1784

Distinguished between commercial and political functions of the company.
Created Court of Directors for commercial functions and Board of Control for political affairs.
Reduced the strength of the Governor General’s council to three members.
Placed Indian affairs under the direct control of the British Government.

Charter Act of 1813

Terminated the Company’s monopoly over Indian trade.
Opened trade with India to all British subjects.

Charter Act of 1833

Governor-General of Bengal became the Governor-General of India.
Marked the final step towards centralization in British India.
Initiated the establishment of a Central legislature.

Charter Act of 1853

Separated legislative and executive functions of the Governor-General’s Council.
Introduced open competition for recruitment in the Indian Civil Service.

Government of India Act of 1858

Replaced the rule of the Company with the rule of the Crown.
Powers of the British Crown exercised by the Secretary of State for India.
Established the Viceroy as the Crown's representative in India.

Indian Councils Act of 1861

Introduced Indian representation in the Viceroy’s executive and legislative council.
Established legislative councils in centers and provinces.

India Council Act of 1892

Introduced indirect elections (nomination) and enlarged the size of legislative councils.
Expanded functions of Legislative Councils.

Indian Councils Act of 1909 (Morley-Minto Reforms)

Introduced direct elections to legislative councils.
Increased the number of members in the Central Legislative Council.
Introduced communal representation for Muslims.

Government of India Act of 1919 (Montague-Chelmsford Reforms)

Introduced dyarchy in Provincial subjects.
Bicameralism at the center with direct elections.
Three of six members of Viceroy’s Executive Council to be Indians.
Provided for the establishment of the Public Service Commission.

Government of India Act of 1935

Provided for the establishment of an All-India Federation (did not materialize).
Divided powers between the Centre and provinces into three lists.
Introduced Provincial Autonomy and bicameralism in selected provinces.

Indian Independence Act of 1947

Declared India as an Independent and Sovereign State.
Established responsible Governments at both the Centre and Provinces.

The journey from the Regulating Act of 1773 to the Indian Independence Act of 1947 marked a gradual shift from Company rule to Crown rule, introducing legislative reforms and setting the stage for India's constitutional development. The Constituent Assembly, formed in 1946, played a pivotal role in drafting and adopting the Constitution of India in 1950, giving the country its own supreme law.